Australian War Memorial Act 1952

Legislation au C1952A00012 Not in force Act

Legislation content

AUSTRALIAN WAR MEMORIAL.

 

No. 12 of 1952.

An Act to amend the Australian War Memorial Act 1925.

[Assented to 30th May, 1952.]

[Date of commencement, 27th June, 1952.]

BE it enacted by the Queen’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, as follows:—

Short title and citation.

1.—(1.) This Act may be cited as the Australian War Memorial Act 1952.


(2.) The Australian War Memorial Act 1925 is in this Act referred to as the Principal Act.

(3.) The Principal Act, as amended by this Act, may be cited as the Australian War Memorial Act 1925–1952.

Definitions.

2. Section two of the Principal Act is amended—

(a) by inserting before the definition of “the Board” the following definition:—

“‘active service’ means active service in war or in war-like operations by members of the naval, military or air forces of the Commonwealth, or of any naval or military force of the Queen raised in Australia before the establishment of the Commonwealth;”; and

(b) by omitting the definition of “the War”.

Australian War Memorial.

3. Section three of the Principal Act is amended—

(a) by omitting from sub-section (1.) the words “died in the war” and inserting in their stead the words “have died on or as a result of active service”; and

(b) by omitting sub-section (3.) and inserting in its stead the following sub-section:—

“(3.) The war relics of the Commonwealth include the relics, records, models, pictures, photographs, publications and other things in the collection of war relics forming part of the Memorial at the date of commencement of this sub-section and such other things relating to any war or war-like operations in which Australians have been on active service as are added to the Memorial by the Board.”.

4. Sections five and six of the Principal Act are repealed and the following sections inserted in their stead:—

Board of Management.

“5.—(1.) For the purposes of this Act, there shall be a Board of Management of the Memorial, which shall consist of—

(a) the Chief of Naval Staff;

(b) the Chief of the General Staff;

(c) the Chief of the Air Staff; and

(d) nine other members, who shall be appointed by the Governor-General and shall hold office during his pleasure.

“(2.) A member of the Board specified in paragraph (a), (b) or (c) of the last preceding sub-section may appoint a person to be his deputy.

“(3.) The Governor-General may appoint a person to be the deputy of a member of the Board specified in paragraph (d) of sub-section (1.) of this section.

“(4.) The deputy of a member of the Board is, in the event of the absence of the member of whom he is the deputy from a meeting of the Board, entitled to attend that meeting and, when so attending, shall be deemed to be a member of the Board.


“(5.) Any such appointment of a deputy and any act done by him as such shall not be questioned on the ground that the occasion for the exercise of his powers or functions had not arisen or had ceased.

Chairman.

“6.—(1.) The members of the Board may elect one of their number to be the Chairman of the Board and the member so elected shall hold office as Chairman during the pleasure of the Board.

“(2.) The Chairman of the Board shall preside at all meetings of the Board at which he is present.

“(3.) In the event of the absence of the Chairman from a meeting of the Board, the members of the Board present at the meeting shall elect one of their number to preside at the meeting.”.

Quorum of Board.

5. Section seven of the Principal Act is amended by omitting sub-section (3.) and inserting in its stead the following sub-section:—

“(3.) The Chairman of the Board or other member presiding at a meeting of the Board is entitled to a deliberative vote and, in the event of an equality of votes, also has a casting vote.”.

Vacation of office of appointed member.

6. Section eight of the Principal Act is amended by inserting after the word “Board” (first occurring) the words “appointed by the Governor-General”.

Use of fund.

7. Section thirteen of the Principal Act is amended by omitting from paragraph (a) the words “the war” and inserting in their stead the words “active service”.

8. After section fourteen of the Principal Act the following sections are inserted:—

Perusal of records.

“14a. Where the Board, or a person authorized by the Board to act under this sub-section, is satisfied that it is necessary or desirable so to do, the Board or that person may authorize a person to peruse and make extracts from, or copies of, any of the records or documents forming part of the war relics of the Commonwealth which are not upon public exhibition.

Manufacture, printing, publishing and sale of exhibits prohibited.

“14b.—(1.) A person shall not, without the permission in writing of the Board or of a person authorized by the Board to give such permissions—

(a) sell or offer for sale; or

(b) for the purposes of advertisement or for any other commercial or business purpose, manufacture, use, print, publish or exhibit,

a replica, photograph, representation or copy of an exhibit forming part of the war relics of the Commonwealth.

Penalty: Fifty pounds.

“(2.) The last preceding sub-section does not apply to, or in relation to, the publication in a newspaper of a photograph of an exhibit.”.

Overview

The Australian War Memorial Act 1952 was enacted by the Commonwealth Parliament to amend the Australian War Memorial Act 1925. This Act was introduced to address the need to update the memorial to include those who had died on or as a result of active service in war or war-like operations, beyond just those who died in the war. The Act redefines "active service" to encompass service in war or war-like operations by members of the naval, military or air forces of the Commonwealth, or any naval or military force of the Queen raised in Australia before the establishment of the Commonwealth. The policy objective of the Act is to ensure the Australian War Memorial accurately reflects the sacrifices made by Australians in all war and war-like operations. This includes expanding the definition of war relics to encompass all items related to such service and updating the governance structure of the Memorial through the establishment of a Board of Management.

Scope and Application

The Australian War Memorial Act 1952, which amends the Australian War Memorial Act 1925, governs the administration and management of the Australian War Memorial and its collections, including war relics, records, and other materials relating to war or war-like operations in which Australians have been involved. This Act applies to the Board of Management of the Memorial, consisting of the Chief of Naval Staff, the Chief of the General Staff, the Chief of the Air Staff, and nine additional members appointed by the Governor-General. The Act also applies to the war relics of the Commonwealth, which encompass a wide range of items, including relics, records, models, pictures, photographs, publications, and other things related to war or war-like operations. The Act extends its reach to any war or war-like operations in which Australians have been on active service. The Act restricts certain activities, such as the manufacture, printing, publishing, or sale of replicas, photographs, representations, or copies of exhibits forming part of the war relics of the Commonwealth without written permission from the Board or an authorised person, with certain exceptions such as the publication in a newspaper of a photograph of an exhibit. The Act does not explicitly state any exclusions, exemptions, or thresholds, and its application may be extended or restricted through subordinate instruments.

Key Provisions

The Australian War Memorial Act 1952, as amended, primarily focuses on updating and expanding the scope of the Australian War Memorial Act 1925. Section 1 outlines the citation of the Act, referring to it as the Australian War Memorial Act 1952 when amended. Section 2 updates the definition of "active service," broadening it to include service in war or war-like operations by members of the naval, military, or air forces of the Commonwealth or any naval or military force of the Queen raised in Australia before the establishment of the Commonwealth. Section 3 modifies the scope of the war relics of the Commonwealth to include not only those items present at the date of commencement but also those added by the Board that relate to any war or war-like operations in which Australians have been on active service. The Act imposes specific obligations and requirements on the Board of Management of the Memorial. Section 5 details the composition of the Board, including the Chiefs of Naval, General, and Air Staff, along with nine other members appointed by the Governor-General. Members can appoint deputies, and these deputies can act in their stead during absences. Section 6 allows the Board members to elect a Chairman who presides over meetings and can be replaced if absent. Section 5 also clarifies that the Chairman or presiding member has a deliberative vote and a casting vote in case of a tie. The Act also specifies the use of the fund for the management and preservation of war relics, as detailed in Section 7, which is amended to reflect the updated definition of "active service." Sections 14a and 14b introduce new provisions regarding the perusal of records and the prohibition of the unauthorized manufacture, printing, publishing, or sale of replicas, photographs, representations, or copies of exhibits forming part of the war relics of the Commonwealth. Section 14a allows the Board or an authorized person to permit the perusal and copying of records not on public exhibition. Section 14b prohibits the unauthorized commercial use of war relics, with a penalty of fifty pounds for breaches, except for the publication of a photograph in a newspaper. The Act also outlines consequences for breaches of its provisions. Section 14b specifies a penalty of fifty pounds for unauthorized commercial activities involving war relics, providing a clear deterrent against misuse. While the Act does not explicitly detail civil or criminal consequences beyond the monetary penalty, the strict regulations imply severe repercussions for non-compliance, maintaining the sanctity and integrity of the war relics and the Australian War Memorial.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.